Diocese in bankruptcy?

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s4angel

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I am asking the senior members who are knowledgeable about church finances and such.

What does it mean for a diocese to file for bankruptcy? My diocese filed for bankruptcy back in 2004 and we saw a reduction in the services it could provide which never restarted after the bankruptcy. What does it mean for the future of our diocese, does the state always after have a claim or impute on the finaces of the church after the bankruptcy is discharged?
 
Basically there are two common forms of bankruptcy which form makes a big difference. In one form the diocese would be allowed to change the way it pays people for example a loan which had an agreed payment schedule of $5,000 per month for 5 years might be changed to $2,000 for 14 years. This change is made by the judge regardless if the bank agrees. In the other form of bankruptcy the judge may rule the $5,000 per month for 5 years might be changed to a single $30,000 onetime payment.

So a typically example might be a diocese which takes in $5 million a year and spends $5 million a year. They are hit with 5 lawsuits from a priest who was there 20 years ago. If the diocese losses or agrees to pay 12 million dollars ( 5 million to victims, 5 million to lawyers, and 2 million in interest) to end the lawsuits, they will lack the ability to pay. So the diocese files bankruptcy to change the distribution of the $5 million. That is when the judge changes the payment amounts and or the amounts owed. So when this happens the judge will typically require the church to cut many church programs because he is also cutting debts owed to banks, lawyers, and victims.

Hope that helps.
 
When you file for bankruptcy in the U.S., all lawsuits against you are put on hold pending the outcome of the bankruptcy case, and the bankruptcy court acquires full power to decide all claims against you, including wiping out debts you owe. The bankruptcy court’s first priority is the payment of all just creditors with as many cents on the dollar as possible, so bankruptcy cases often result in the sale of property owned by the debtor. The bankruptcy court has full power over all income of the debtor and can actually direct the debtor on how to spend money (I’m taking away your credit cards and selling your second car; now stop buying steaks and going to movies until I say otherwise). This continues until the bankruptcy court has done everything it can to pay off the creditors; then it discharges (wipes out) all remaining debt and closes the case, leaving the debtor free to start over.

In the case of a religious institution like a Catholic diocese, this means for example that all sexual abuse lawsuits are on hold until the bankruptcy court either takes over the lawsuits (meaning the trials occur before the bankruptcy judge), allows the cases to proceed in the original courts, or simply dismisses the claims. It also means that the bankruptcy court can inspect the diocese’s finances and give orders about how the money is to be spent.

There are certain restrictions because of the First Amendment, but they’re very limited. The bankruptcy court can’t interfere with the exercise of religion; but, when you get right down to it, the exercise of religion does not actually require a whole lot of money (if we don’t have a church building, we’ll meet somewhere else; if necessary, the diocese can close its seminary and send seminarians to another diocese’s seminary; etc.). So the bankruptcy court can direct the sale of property and how the proceeds are to be used, even if the property being sold happens to be a cathedral or what have you.

Eventually, though, the bankruptcy process ends, and all remaining debts are discharged. At that point, the diocese is back where it began, free of debt (except debt that the bankruptcy court allows to remain – a classic example is mortgages if the debtor has the funds to pay), with all claims resolved.

How long that takes depends on the complexity of the bankruptcy, the size of the insolvency (debts minus assets), and the length of any appeals by anyone involved.
 
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